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Aaron Starr announces at a City Council meeting that he is suing the city over a utilities fee.

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Aaron Starr speaks during a League of Women Voters candidate forum for the Oxnard recall special election held in March. Starr has filed a new lawsuit against the city over wastewater payments.(Photo: TROY HARVEY/SPECIAL TO THE STAR)Buy Photo

There is a new chapter in the legal maneuverings between the city of Oxnard and the organizer of the City Council recall.

Aaron Starr, a mayoral candidate in the recent special election, filed a new lawsuit against the city over wastewater rates. The class action lawsuit claims that the sewer rates billed to residents following the passage of Measure M were "collected illegally."

The complaint filed by Starr and Oxnard resident Nancy Pedersen calls on the city to refund customers who paid wastewater fees from December 2016 to July 2017.

In the 2016 election, Oxnard voters passed Measure M, an initiative written by Starr to repeal a series of wastewater rate increases that begin with a 35 percent hike. The city sued Starr over the legality of the ballot initiative. Ventura County Superior Court Judge Rocky Baio is expected to make a decision on the Measure M lawsuit later this month.

After the 2016 election, Baio granted the city a Measure M stay, meaning the rates would not be repealed until a decision is reached on the case. In other words, rates that should have been repealed in December 2016 because of Measure M did not get repealed.

Last July, new wastewater increases were approved by the City Council that superseded prior rate increases. If Baio rules in Starr's favor on Measure M, the city would have to pay back ratepayers a portion of the rates from December 2016 to July 2017. The seven-month period is the time when the rates would have been repealed to the time when the council set new rates.

City Attorney Stephen Fischer said the latest lawsuit is premature.

"We're awaiting the ruling from Judge Baio. That would dictate what comes next," Fischer said.

Rachele Rickert, one of the attorneys representing Starr and Pedersen, said it was "prudent" to file the lawsuit now.

"We want to preserve the rights of the class," she said.

As of Monday, the city has yet to be served the lawsuit. A date for a case management conference is scheduled for Sept. 21.

Aaron Starr, the man behind the May 1 Oxnard recall special election and a candidate for mayor, took part in Thursday night's candidates debate at Corner Pocket Billiards in Oxnard.(Photo: CHUCK KIRMAN/THE STAR)

The complaint states: "Aaron Starr and Nancy Pedersen, on behalf of themselves and all other similarly situated city of Oxnard wastewater customers, seek damages from defendant in connection with its improper collection and retention of excessive wastewater utility fees and charges from Dec 16, 2016 and July 1, 2017."

Mayor Tim Flynn said it is not yet known whether the city will have to issue a refund.

"A judge makes a ruling and then it'll be determined if what is filed now is necessary," Flynn said. "If the judge rules against (Starr,) then it'll be determined if what is filed now is necessary. If the judge rules against him, the current complaint is invalid."

The lawsuit was filed April 26, five days before the recall election initiated by Starr.

In response to the City Council raising wastewater rates following Measure M, Starr led a campaign to recall the mayor and three council members. The four officials survived the recall election, according to the latest unofficial results.

The city lawsuit over Measure M and the latest class action complaint are not the only court matters between the two parties.

Starr is also suing the city over an infrastructure use fee, which is money taken out of the utility funds to pay for public safety and street improvements. That case has not yet gone to trial.

Before the special election, Starr sued Flynn for lying on his candidate statement. Flynn was ordered by a judge to change his statement regarding the state of the city's finances.

Flynn said he was not surprised to learn about the latest lawsuit.

"To me, it's no different than the recall election," Flynn said. "(Starr) has his agenda. He wants his agenda to be first and he'll use whatever means necessary to accomplish that."